June 5 through June 7, 1788

'The most moving,'eloquent denial by the anti-federalists of the need for a more energetic government came from Patrick Henry in speeches before the Virginia Ratifying Convention, early in its deliberations. They were first printed in a 1788-1789 Petersburg, Virginia edition of the Debates and other Proceedings of the Virginia Convention of 1788.

5 June 1 788

Mr. Chairman I rose yesterday to ask a question, which arose in my own mind. When I asked the question, I thought the meaning of my interrogation was obvious: The fate of this question and America may depend on this: Have they said, we the States? Have they made a proposal of a compact between States? If they had, this would be a confederation: It is otherwise most clearly a consolidated government. The question turns, Sir, on that poor little thing-the expression, We, the people, instead of the States of America. I need not take much pains to show, that the principles of this system, are extremely pernicious, impolitic, and dangerous. Is this a Monarchy, like England-a compact between Prince and people; with checks on the former, to secure the liberty of the latter? is this a Confederacy, like Holland-an association of a number of independent States, each of which retain its individual sovereignty? It is not a democracy, wherein the people retain all their rights securely. Had these principles been adhered to, we should not have been brought to this alarining transition, from a Confederacy to a consolidated Government. We have no detail of those great considerations which, in- my opinion, ought to have abounded before we should recur to a government of this kind. Here is a revolution as radical as that which separated us from Great Britain. It is as radical, if in this transition our rights and privileges are endangered, and the sovereignty of the States be relinquished: And cannot plainly see, that this is actually the case? The rights of science, trial by jury, liberty of'the press, all your immunities and franchises, all pretensions to human rights and privileges, are rendered insecure, if not lost, by this change so loudly talked of by some, and inconsiderately by others. Is this same relinquishment of rights worthy of freemen? Is it worthy of that manly fortitude that ought to characterize republicans: It is said eight States have adopted this plan. I declare that if twelve States and a half had adopted it, I would with manly firmness, and in spite of an erring world, reject it. You are not to inquire how your trade may be increased, nor how you are to become a great and powerful people, but how your liberties can be secured, for liberty ought to be the direct end of your Government. Having sed these things, I shall, with the aid of my judgment and information, which I confess are not extensive, go into the discussion of this system more minutely. Is it necessary for your liberty, that you should abandon those great rights by the adoption of this system? Is the relinquishment of the trial by jury, and the liberty of the press, necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty the greatest of all earthly blessings-give us that precious jewel, and you may take every thing else: But I am, fearful I have lived long enough to become an old fashioned fellow: Perhaps an invincible attachment to the dearest rights of man, may, in these refined enlightened days, be deemed old fashioned. If so, I am contended to be so: I say, the time has been, when every pore of my heart beat for American liberty, and which, I believe, had a counterpart in the breast of every true American: But suspicions have gone forth--suspicions of my integrity--publicly reported that my professions are not real- 23 years ago was I supposed a traitor to my country; I was then said to be a bane of sedition, because I supported the rights of my country: I may be thought suspicious when I say our privileges and rights are in danger But, Sir, a number of the people of this country are weak enough to think these things are too true: I am happy to find that the Honorable Gentleman on the other side, declares they are groundless: But, Sir, suspicion is a virtue, as long as its object is the preservation of the public good, and as long as it stays within proper bounds: Should it fall on me, I am contented: Conscious rectitude is a powerful conso lation: I trust, there are many who think my professions for the public good to be real. Let your suspicion look to both sides: There are many on the other side, who, possibly may have been persuaded of the necessity of these measures, which I conceive be dangerous to your liberty. Guard with jealous attention the liberty. Suspect every one who approaches that jewel. nately, nothing will preserve it, but downright force: Whenever you give up that force, you are inevitably ruined. I am by Gentlemen, that though I might speak of terrors, yet the fact was, that we were surrounded by none of the dangers apprehended. I conceive this new Government to be one of those dangers: It has produced those horrors, which distress many of citizens. We are come hither to preserve the poor Commonwealth of Virginia, if it can be possibly done: Something must be done to preserve your liberty and mine: The confederation; this same despised Government, merits, in my opinion, the highest encomium: It carried us through a long and dangerous war: It rendered us victorious in that bloody conflict
with a powerful nation: It has secured us a territory greater than any European Monarch possesses: And shall a Government which has been thus strong and vigorous, be accused of imbecility and abandoned for want of energy? Consider what you are about to do before you part with this Government. Take longer time in reckoning things: Revolutions Re this have happened in almost every country in Europe: Similar examples are to be found in ancient Greece and ancient Rome: Instances of the people losing their liberty by their own carelessness and the ambition of a few. We are cautioned by the Honorable Gentleman who presides, against faction and turbulence: I acknowledge that licentiousness is dangerous, and that it ought to be provided a gainst: I acknowledge also the new form of Government may effectually prevent it: Yet, is ano ing it wi as e tu y : t will oppress and ruin the people. There are sufficient guards placed against sedition and licentiousness: For when power is given to this Government to suppress these, or, for any other purpose, the language it assumes is clear, express, and unequivocal, but when this Constitution speaks of privileges, there is an ambiguity, Sir, a fatal arnbiguity;--an ambiguity which is very astonishing: In the clause under consideration, there is the strangest that I can conceive. I mean, when it says, that there shall not be more Representatives, than one for every 30,000. Now, Sir, how easy is it to evade this privilege? "The number shall not exceed one for every 30,000 " This may be satisfied by one Representative from each State. Let our numbers be ever so great, this immence continent, may, by this artful expression, be reduced to have but 13 Representatives: I confess this construction is not natural: but the ambiguity of the expression lays a

I. RATIFICATION OF THE CONSTITUTION

good ground for a quarrel. Why was it not clearly and unequivo- cally expressed, that they should be entitled, to have one for every 30,000? This would have obviated all disputes; and was this difficult to be done? What is the inference? When population increases' and a State shall send Representatives in this propor- tion, Congress may remand them, because the right of having one for every 30,000 is not clearly expressed: this possibility of reducing the number to one for each State, approximates to probability by that other expression, "'but each State shall at least have one Representative." Now is it not clear that from the first expression, the number might be reduced so much, that some States should have no Representative at all, were it not for the insertion of this last expression? And as this is the only restriction upon them, we may fairly conclude that they may restrain the number to one from each State: Perhaps the same horrors, may hang over my mind again. I shall be told I am continually afraid: But, Sir, I have strong cause of apprehension: In some parts of the plan before you, the great rights of freemen are endangered, in other parts absolutely taken away. How does your. trial by,jury stand? In civil cases gone-not sufficiently secured in criminW--4his best privilege is gone: But, we are told that we need not fear, because those in power being our Representative@, will not abuse the powers we put in their hands: I am not well versed in history, but I will submit to your recollection, whether liberty has been destroyed most often by the licentious- nessIof the people, or by the tyranny of rulers? I imagine, Sir, you will find the balance on the side of tyranny: Happy will you be if you miss the fate'of those nations, who, omitting to resist their oppressors, or negligently suffering their liberty to be wrested from them, have groaned under intolerable despotism. Most of the human race are now in this deplorable condition: And those nations who have gone in search of grandeur, power and splen- dor, have also fallen a sacrifice, and been the victims of their own folly: While they acquired those visionary blessings, they lost.their fmwom. My great objection to this Government is, that it does not leave us the means of defending our rights; or, of waging war against tyrants: It is urged by some Gentlemen, that .this new plan will. bring us an acquisition of strength, an army, and the militia of the States: nis is an idea extremely ridiculous: Gentlemen cannot be in earnest. This acquisition will trample on your fallen liberty: Let my beloved Americans guard against that fatal lethargy that has pervaded the universe: Have we the means of resisting disciplined annies, when our only defence, the mili- tia is put into the handsof Congress? ne Honorable Gentleman

Patrick Henry (June 5, 1788)
said, that great danger would ens@e if the Convention rose without adopting Ns system: I ask, where is that danger? I see none: Other Gentlemen have told us within these walls, that the Union is gone---or, that the Union will be gone: Is not this trifling with the judgment of their fellow-citizens? Till they tell us the ground of their fears, I will consider them as imaginary: I rose to make enquiry where those dangers were; they could make no answer: I believe I never shall have that answer: Is there a disposition in the people of this country to revolt against the dominion of laws? Has there been a single tumult in Virginia? Have not the people of Virginia, when labouring under the severest pressure of accumulated distresses, manifested the most cordial acquiescence in the execution of the laws? What could be more awful than their unanimous acquiescence under general distresses? Is there any revolution in Virginia? Whither is the spirit of America gone? Whither is the genius of America fled? It was but yesterday, when our enemies marched in triumph through our country: Yet the people of this country could not be appacd by their pompous armaments: They stopped their career, and victoriously captured them: Where is the peril now compared to that? Some minds are agitated by foreign alarms: Happily for us, there is no real danger from Europe: that country is engaged in more arduous business; from that quarter there is no cause of fear: You may sleep in safety forever for them. Where is the danger? If, Sir, there was any, I would recur to the American spirit to defend us-,-that spirit which has enabled us to surmount the greatest difficulties: To that illustrious spirit I address my most fervent prayer, to prevent our adopting a system destructive to liberty. Let not Gentlemen be told, that it is not safe to reject this Government. Wherefore is it not safe? We are told there are dangers; but those dangers are ideal; they cannot be demon- strated: To encourage us to adopt it, they tell us, that there is a plain easy way of getting amendments: When I come to contem- plate this part, I suppose that I am mad, or, that my countrymen are so: The way to amendment, is, in my conception, shut. Let us consider this plain easy way: "Tlw Congress, whenever two- dihs of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-dtir& of the several States, shall call a Convention for proposing amendments, which, in either case, shafl be valid to all intents and purposes, as part of this Constitu- tion, when ratified by the Legislatures of three-fourths of the, several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification mav be idromed bv the

204 RATIFICATION OF THE CONSTITUTION

COngmss. Provided,@ that no amendment which may be made Prior to the year 1808, shall in any manner affect the first and fourth cliiuses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate." Hence it appean that three-fourths of the States must'ultimately agree to any amendments that may be necessary. Let us consider the consequences of this: However uncharitable it may appear, yet I must tell my opinion, that the most unwor- thy characters'may get into power and prevent the introduction of amendments: Let us suppose (for the case is supposeable, possi- ble, and probable) that you happen to deal these powers to unworthy hands; will they relinquish powers already in their possession, or, agree to amendments? Two-thirds of the Con- gress, or, of the State Legislatures, are necessary even to pro- pose amendments: If one-third of these be unworthy men, they may prevent the application for amendments; but what is destruc- tive and mischievous is, that three-fourths of the State Legisia- ttires, or of State Conventions, must concur in the amendments When proposed: In such numerous bodies, there must necessarily be some designing bad men: To suppose that so large a number as three-fourths of the States will concur, is to suppose that they will possess genius ' intelligence, and integrity, approaching to miraculous. it would indeed be miraculous that they should concur in the same amendments, or, even in such as would bear some likeness to one another. For four of the smallest States, that do not collectively contain one-te'nth part of the population of the United States, may obstruct the most,salutary and neces- sary. amendments- Nay, in these four States, six tenths of the people may reject these amendments; and suppose, that amend- ments,shall be opposed to amendments (which is highly proba- ble) is it possible, that three-fourths can ever agree to the same amendments? A bare majority in these four small States may hinder the adoption of amendments; so that we may fairly and justly conclude, that'on'e-twentieth part of the American people, may prevent the removal of- the most grievous inconveniences and oppression, by refusing to accede to amendments. A trifling minority may reject the most salutary amendments. Is this an easy mode of securing the public liberty? It is, Sir, a most fearful situation'when the most contemptible minority can prevent the alteration of the most oppressive Government; for it may in many respects prove to be such: Is this the spirit of republican- ism? What,,Sir, is the genius'of democracy? Let me read that clause of the Bill of Rights of Virginia, which relates to this: third clause. "That Government is or ought to be instituted for

Patrick Henry (June 5, 1788) 205

the common benefit, protection, and security of the people, nation, or community: Of all the various modes and forms of Government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-ddministration, and that when- ever any Government shall be found inadequate, or contrary to these purposes, a majority of the community hath, an undubita- ble, unalienable and indefeasible right to reform, alter, or abol- ish it, in such manner as shall be judged most conducive to the public weal." This, Sir, is the language of democracy; that a majority of the community have a right to alter their Government when found to be oppressive: But how different is the genius of your new Constitution from this? Now different from the senti- ments of freemen, that a contemptible minority can prevent the good of the majority? If then Gentlemen standing on this ground, are come to that point, that they are willing to bind themselves and their posterity to be oppressed, I am amazed and inexpressi--.

bly astonished. If this be the opinion df the majority, I must submit; but to me, Sir, it appears perilous and destructive: I cannot help thinking so: Perhaps it may be the result of my age; these may be feelings. natural to a man of my years, when the American spirit has left him, and his mental powers, like the members of the body, are decayed. If, Sir, amendments are left to the twentieth or the tenth part of the people of America, your liberty is gone forever. We have heard that there is a great deal of bribery practiced in the House of Commons in England; and that many of the members raised themselves to preferments, by selling the rights of the people: But, Sir, the tenth part of that body cannot continue oppressions 'on the rest of the people. English liberty is in this case, on a firmer foundation than American libevy. It will be easily contrived to procure the opposition of one tenth of the people to any alteration, however judicious. The Honorable Gentleman who presides, told us, that to prevent abuses in our Government, we will assemble in Convention, recall our delegated powers, and punish our servants for abusing the trust reposed in them. Oh, Sir, we should have fine times indeed, if to punish tyrants, it were only sufficient to assemble the people. Your arms wherewith you could defend yourselves, are gone; and have no longer a aristocratical; no longer demo- cratical spirit. Did you ever read of any revolution in. any nation, brought about by the punishment of those in power, inflicted by those who had no power -at all? You read of a riot act in a country which is called one of the freest in the world, where a few neighbours cannot assemble without the risk of being shot

206 RATIFICATION IOF THE CONSTITU27ON

by a hired soldiery, the engines of despotism. We may see such an act in America. A standing army we shall have also, to execute the execrable commands of tyranny: And how are you to pimish them? Will you order them to be punished? Who shall obey these orders? Will your Mace-bearer be a match for a disciplined regiment? In what situation am we to be? The clause before' yo Iu gives a power of direct taxation, unbounded and unumitted.- Exclusive power of Legislation in all cases whatso- ever, for ten miles square; and over all places purchased for the erection of forts, magazines, arsenals, dock-yards, etc. What resistance could be made? The attempt would be madness. You will find all the strength of this country in the hands of your enemies: 'Mose garrisons will naturally be the strongest places in the country' Your militia is given up to Congress also in another part of this'plan: ney will therefore act as they think proper: All power will be in their own possession: You cannot force them to receive their punishment: Of what service would militia be to you when most probably you will not have a single musket in the @tate- for as arms are to be provided by Congress, they may .or may not fin-nish them. Let me here call your attention to that part which gives the Congress power, "To provide for organiz- ing, amiing, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress. " By this, Sir, you see that their control over our last and best defence, is unlimitted. If they neglect or refire to discipline or arm our militia, they will be useless: ne States can do neither, this power being exclusively given to Congress: 'Me power of appointing officers over men not disciplined or armed, is ridiculous: So that this pretended little remains of power left to the States, may, at the pleasure of Congress, be rendered nugatory. Our situation will be deplorable indeed: Nor can we ever expect to get this government amended, since I have already shewn, that a very small minority may prevent it; and that small minority interested in the continuance of the oppression: Will the oppressor let go the oppressed? Was there ever an instance? Can the annals of mankind exhibit one single example, where rulers overcharged with power, willingly let go the oppressed, though solicited and requested most ear- nesdy? 'Me application for amendments will therefore be fruit- less. Sometimes the oppressed have got loose by one of those blood struggles that desolate a country. A willing relinquish-
. y

ment of power is one of those things which human nature never

Patrick Henry (June 5. 1788) 207
was, nor ever will be capable of.- Ile Honorable Gentleman's observations respecting the people's right of being the agents in the formation of this Government, are not accurate in my humble conception. The distinction between a National Government and a Confederacy is not sufficiently discerned. Had the delegates who were sent to Philadelphia a power to propose a Consolidated Government instead of a Confederacy? Were they not deputed by States, and hot by the people? The assent of the people in their collective capacity is not necessary to the formation of a Federal Government. The people have no right to enter into leagues, alliances, or confederations: They are not the proper agents for this purpose: States and sovereign powers are the only proper agents for this kind of Government: Shew me an instance where the people have exercised this business: Has it not always gone through the Legislatures? I refer you to the treaties with France, Holland, and other nations: How were they made? Were they not made by the States? Are the people therefore in their aggregate capacity, the proper persons to form a Confederacy? This, there- fore, ought to depend on the consent of the Legislatures; the people having never sent delegates to make any proposition of changing the Government. Yet I must say, at the same time, that it was made on grounds the most pure, and perhaps I might have been brought to consent to it so far as to the change of Govern- ment; but there is one thing in it which I never would acquiesce in. I mean the changing it into a Consolidated Government; which is so abhorent to my mind. The Honorable Gentleman then went on to the figure we make with foreign nations; the contemptible one we make in France and Holland; which, ac- cording to the system of my notes, he attributes to the present feeble Government. An opinion has gone forth, we find, that we are a contemptible people: The time has been when we were thought otherwise: Under this same despised Government, we commanded the respect of all Europe: Wherefore are we now reckoned otherwise? The American spirit has fled from hence: It has gone to regions, where it has never been expected: It has gone to the people of France in search of a splendid Government- a strong energetic Government. Shall we imitate the example of those nations who have gone from a simple to a splendid Gov- emment? Are those nations more worthy of our imitation? What can make an adequate satisfaction to them for the loss they suffered in attaining such a Government for the loss of their liberty? If we admit this Consolidated Government it will be because we like a great splendid one. Some way or other we must be a great and mighty empire; we must have an army,' and a

208 PATIFICATION OF THE CONSTITUTION
navY,.@ and a number of things: Wfkn the American spirit was in its@. youth, the language of America was different: Liberty, Sir, wasthen the primary object. We are descended from a people whose' Government was founded on liberty: Our glorious forefa thers'of Great-Britain, made liberty the foundation of every think 'Mat country is become a great, mighty, and splendid nation;,not because their Government is strong and energetic; but, Sir, because liberty is its direct end and foundation: We drew the spirit of liberty from our British ancestors; by that spirit we have triumphed over every difficulty: But now, Sir, the American spirit, assisted by the ropes and chains of consolida-
-tion, is about to convert this country to a powerful and mighty ns of this country agree to become
lidated empire of America, your sufficent energy to keep them to-
gether. Such a Government is incompatible with the genius of republicanism: There will be no checks, no real balances, in this Government: What can avail your specious imaginary balances, your rope-dancing, chain-rattling,. ridiculous ideal checks and contrivances? But, 'Sir, we are not feared by foreigners: we do not make, nations tremble: Would this, Sir, constitute happiness, or secure liberty? I trust, Sir, our political hemisphere will ever direct their operations to the security of those objects. Consider our situation, Sir: Go to the poor man, ask him what he does; he will inforin you, that he enjoys the fruits of his labour, under his own rig-tree, with his wife and children around him, in peace and security., Go to every other member of the society, you will find the same tranquil ease and content; you will find no alarms or disturbances: Wh then tell us of dangers to terrify us into an
@ y ad(Ption' of -this new Government? And yet who knows the dangers that this new system may produce; they are out of the sight of the commo .n people: They cannot foresee latent conse- quences: I dread the operation of it on the middling and lower class of people: It is for them I fear the adoption of this system. I fear I tire the patience of the Committee, but I beg to be indulged with; a few more observations: When I thus profess myself an advocate for the liberty of the people, I shau be told, I am a designing man, that I am to be a great man, that I am to be a demagogue; and many similar illiberal insinuations will be thrown out; but.- Sir, @ conscious rectitude, out-weighs these things with me: I see great jeopardy in this new Government. I see none from our present one: I hope some Gentleman or other will bring forth, in full array, those dangers, if there be any, that we may see and touch them.

@ Patrick Henry (June 7, 1788) 209
[7 June] I have thought, and still think, that a full investigation of the actual situation of America, ought to precede any decision on this great and important question. That Government is no more than a choice among evils, is acknowledged by the most intelli- gent among mankind, and has been a standing maxim for ages. If it be demonstrated that the adoption of the new plan is a little or a trifling evil, then, Sir, I acknowledge that adoption ought to follow: But, Sir, if this be a truth that its adoption may entail misery on the fire people of this country, I then insist, that rejection ought to follow. Gentlemen strongly urge its adoption will be a mighty benefit to us: But, Sir, I am made of such incredulous materials that assertions and declarations, do not satisfy me. I must be convinced, Sir. I shall retain my infidelity on that subject, till I see our liberties secured in a manner perfectly satisfactory to my understanding. . . .
You are told [by Governor Randolph] there is no peace, although you fondly flatter yourselves that all is peace-No peace-a general cry and alarm in the country-Commerce, riches, and wealth vanished--@Citizens going to seek comforts in other parts of the world-Laws insulted-Many instances of tyrannical legislation. These things, Sir, are new to me. He has made the discovery-As to the administration of justice, I be- lieve that failures in commerce, etc. cannot be attributed to it. My age enables me to recollect its progress under the old Gov- emment. I can justify it by saying, that it continues in the same manner in this State, as it did under former Government. As to other parts of the Continent, I refer that to other Gentlemen. As to the ability of those who administer it,,l believe they would not suffer by a comparison with those who administered it under the royal authority.'Where is the cause of complaint if the wealthy go away? Is this added to the other circumstances, of such enormity, and does it bring such danger over this Conunon- wealth as to warrant so important, and so awful a change in so precipitate a manner? As to insults offered to the laws, I know of none. In this respect I believe this Commonwealth would not suffer by a comparison with the former Government. The laws are as well executed, and as patiently acquiesced in, as they were under the royal administration. Compare the situation of the country--Compare that of our citizens to what they were then, and decide whether persons and property are not as safe and secure as they were at that time. Is there a man in this Common- wealth, whose person can be insulted with impunity? Cannot redress be had here for personal insults or injuries, as well as in

210 RATIFICATION OF THE CONSTITU77ON
any part of, the world-m well as in those countries where Aristocrats and Monarchs triumph and reign? Is not the protee- tion@of property in full operation here?Me contrary cannot with MM be charged on d-is Commonwealth. Ilose severe charges which are exhibited against it, appear to me totally groundless. On a fair investigation, we shall be found to be surrounded by no real.dangers. We have the animating fortitude and persevering alacrity of republican men, to carry us through misfortunes and calamities. 'Tis the fortune of a republic to be able to withstand the stormy ocean of human vicissitudes. I know of no danger awaiting us. Public and private security are to be found here in the highest degree. Sir, it is the fortune of a free people, not to be,intimidated by imaginary dangers. Fear is the passion of slaves, Our political and natural hemisphere are now equally tranquil. Let us recollect the awful magnitude of the subject of our deliberation. Let us consider the latent consequences of an

.erroneous decision-and let not our minds be led away by unfair misrepresentations and uncandid suggestions. 'Mere have been many instances of uncommon lenity and temperance used in the exercise of power in this Commonwealth. I could call your recollection to many that happened during the war and since- But every Gentleman here must be apprized of them.
I @ have said that I thought this a Consolidated Govern- ment: I will now prove it. Will the great rights of the people be secured, by, this Government? Suppose it should prove oppres- sive, how can it be altered? Our Bill of Rights declares, "That a majority of the community hath an undubitable, unalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal." I have just proved that one tenth, or less, of the people of America, a most despicable minority may prevent this reform or alteration. Suppose the people of Virginia should wish to 'alter their Govern- ment, can a majority of them do it? No, because they are connected @with other men; or, in other words, consolidated with other States- When the people of Virginia at a. future day shall wish to alter their Government, though they should be unani- mous in this desire, yet they may be prevented therefrom by a despicable minority at the extremity of the United States: Tle founders of your own Constitution made your Government change- able: But the- power of changing it is gone from you! Whither is it gone? It is placed in the same hands that hold the rights of twelve other States; and those who hold those rights, have right and power to keep them: It is not the particular Government of

Patrick Henry (June 7. 1788) 211

Virginia: One of the leading features of that Government is, that a majority can alter it, when necessary for the public good. This Govennnent is not a Virginian but an American Government. Is it not therefore a Consolidated Goveniment? 'Me sixth clause of your Bill of Rights tells you, "'Mat elections of members to serve as Representatives of the people in Assembly, ought to be free, and that all men having sufficient evidence of permanent common interest with, and attachment to the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their Representatives so elected, nor bound by any law to which they have not in like manner assented for the public good." But what does this Constitution say? The clause under consideration gives an unlimited and unbounded power of taxation: Suppose every delegate from Virginia opposes a law laying a tax, what will it avail? They are opposed by a majority: Eleven members can destroy their efforts: Those fee@le ten cannot prevent the passing the most oppressive tax law. So that in direct opposition to the spirit and express language of your Declaration of Rights, you are taxed not by your own consent, but by people who have no connection with you. The next clause of the Bill of Rights tells you, "That all power of suspending law, or the execution of laws, by any authority without the consent of the Representatives of the people, is injurious to their rights, and ought not to be exercised." This tells us that there can be no suspension of Government, or laws without our own consent: Yet this Consti- tution can counteract and suspend any of our laws, that contra- vene its oppressive operation; for they have the power of direct taxation; which suspends our Bill of Rights; and it is expressly provided, that they can make all laws necessary for carrying their powers into execution; and it is declared paramount to the laws and constitutions of the States. Consider how the only remaining defence we have left is destroyed in this manner: Besides the expences of maintaining the Senate and other House in as much splendor as they please, there is to be a great and mighty President, with very extensive powers; the powers of a King: He is to be supported in extravagant magnificence: So that the whole of our property may be taken by this American Government, by laying what taxes they please, giving themselves what salaries they please, and suspending our laws at their pleasure: I might be thought too inquisitive, but I believe I should take up but very little of your time in enumerating the little power that is left to the Government of Virginia; for this power is reduced to little or nothing- 'Reir Garrisons. magazines arsenals, and forts, which

212 RATIFICATION OF THE CONSTITU77ON

will be situated in the strongest Olaces within the States: Their ten miles square, with all the fine ornaments of human life, added to their powers, and taken from the States, will reduce the power of the latter to nothing. The voice of tradition, I trust, will inform posterity of our struggles for freedom: If our descendants be worthy the name of Americans, they will preserve and hand down to their latest posterity, the transactions of the present times; and though, I confess, my exclamations are not worthy the hearing, they will see that I have done my utmost to preserve their liberty: For I never will give up the power of direct taxa- tion, but for a scourge: I am willing to give it conditionally; that is, after non-compliance with requisitions: I will do more, Sir, and what I hope will convince the most sceptical man, that I am a lover of the American Union, that in case Virginia shall not make punctual payment, the control of our custom houses, and the whole, regulation of trade, shall be given to Congress, and that Virginia shall depend on Congress even for passports, till Virginia shall have paid the last farthing; and furnished the last soldier-. Nay., Sir, there is another alternative to which I would consent: Even that they should strike us out of the Union, and take away from us all federal privileges till we comply with federal requisitions; but let it depend upon our own pleasure to pay our money in the most easy manner for our people. Were all the States, more terrible than the mother country, to join against us, I hope Virginia could defend herself; but, Sir, the dissolution of the Union is most abhorent to my mind: The first thing I have at hem is American liberty; the second thing is American Union; and'l,hope the people of Virginia will endeavor to preserve that union. I The. increasing population of the southern States, is far great" than that of New-England: Consequently, in a short time, they. will be far more numerous than the people of that country: Consider Ns, and you will find this State more particularly interested.to support American liberty, and not bind our posterity by an improvident relinquishment of our rights. I would give the best security for a punctual compliance with requisitions; but I beseech Gentlemen, at all hazards, not to give up this unlimited power of taxation: The Honorable Gentleman has told us these powers given to Congress, are accompanied by a Judiciary which will connect all: Oft examination you will find this very Judiciary oppressively constructed; yourjury trial destroyed, and the Judges dependent on Congress. In this scheme of energetic Government, the people will find two sets of tax-gatherers-4he State and the Federal Sheriffs, This it seems to me will produce such dreadful oppression, as the people cannot possibly bear: The Federal